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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58072</law_id><section_number>62.1-107</section_number><catch_line>Application for leave to store floodwaters; notice to interested persons and to State Water Control Board</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="62.1">Waters of the State, Ports and Harbors</unit><unit label="chapter" level="2" order_by="1" identifier="8">Impoundment of Surface Waters</unit></structure><text>
						<section><p>Any riparian owner, or riparian owners, desiring to store floodwaters under the conditions specified in &#xA7;&#xA0;<a class="law" title="When floodwaters may be captured and stored by riparian owners" href="/62.1-106/">62.1-106</a> may apply for leave so to do to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city wherein the impounding structure is proposed to be built. Such application shall be made by <span class="dictionary">petition</span> filed in the clerk&#x2019;s office of the <span class="dictionary">court</span>. It shall set forth the name and address of the riparian owner, or owners, the purpose of the proposed impoundment, the desired storage capacity and the basis on which determined, the stream and the point on it from which floodwaters are proposed to be taken, the estimated cost of the project, and an agreement to abide by the provisions of &#xA7;&#xA0;<a class="law" title="When floodwaters may be captured and stored by riparian owners" href="/62.1-106/">62.1-106</a>. It shall be accompanied by a plat or sketch of the riparian property which he or they own and on which is shown the site of the impounding structure and the area to be flooded by the impounded water. The plat or sketch shall include data sufficient to permit the location of the property on the official highway map of the county or a map of the city or town where appropriate. It shall also be accompanied by a plan of the proposed impounding structure on which appears the approval of the plan by a registered civil engineer or registered agricultural engineer, (or other competent person for storage capacities of fifty acre-feet or less) and agreement thereto by the riparian owner. All interested persons shall be given notice of such application by publication in accordance with &#xA7;&#xA7;&#xA0;<a class="law" title="Service by publication; when available" href="/8.01-316/">8.01-316</a> and <a class="law" title="What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice" href="/8.01-317/">8.01-317</a>. A copy of the <span class="dictionary">petition</span>, together with a copy of the plat and a copy of the plan, shall be sent by registered mail to the State Water Control Board.</p></section></text><history>Code 1950, &#xA7; 62-94.4; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1977, c. 26.</history><metadata></metadata></law>
